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TERMS OF SALE
This Agreement
contains the terms that apply to your purchase of products and services
from the Promedia Marketing, Inc company identified on your purchase
receipt or invoice ("Promedia"/"ValueMasters.com") or one of its
authorized resellers ("Reseller"). YOU AGREE THAT THIS AGREEMENT
APPLIES TO YOUR PURCHASE. THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION
CLAUSE. PLEASE SEE SECTION 10 BELOW. This Agreement may be changed
without notice at any time before Promedia Marketing, Inc accepts
your order.
1. Payment Terms.
Unless
Promedia Marketing, Inc has agreed to extend credit or other financing
to you, payment is due by credit card at the time of order placement.
Your credit card account will be verified when you place your order,
and your order will be declined if the credit card is declined.
Your credit card will be charged when your order is processed. No
C.O.D. or debit card orders are being accepted at this time. Orders
are processed upon receipt. With approved credit, invoicing is available.
Invoices are due and payable within 30 days of the invoice date.
Past due accounts bear interest at the rate of 1.5 percent per month
or the highest rate allowed under applicable law, whichever is greater.
2. Shipping and Handling Charges and Taxes. You are responsible
for paying all shipping and handling charges and taxes associated
with the order.
3. Prices. Advertised prices are in U.S. dollars and exclude shipping
and handling and taxes unless otherwise noted. The price you pay
will be the price in effect at the time the order is accepted, unless
the price drops before shipment and you notify Promedia Marketing,
Inc of the lower price before the order is shipped, in which case,
and in that case only, the price charged will be the lower price.
4. Disclaimer of Warranty. THE LIMITED WARRANTIES APPLICABLE TO
PROMEDIA-BRANDED PRODUCTS ARE INCLUDED WITH THE PRODUCTS WHEN THEY
ARE SHIPPED TO YOU. IF A WARRANTY IS APPLICABLE TO ANY OTHER PRODUCT,
SUCH WARRANTY IS PROVIDED BY THE ORIGINAL MANUFACTURER, NOT BY PROMEDIA.
APART FROM THE MANUFACTURER'S WARRANTY, IF ANY, THE PRODUCTS ARE
PROVIDED "AS IS", WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES
WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER APPLICABLE LAW.
5. Technical
Support. INFORMATION ABOUT TECHNICAL SUPPORT FOR PROMEDIA-BRANDED
PRODUCTS IS INCLUDED WITH THE PRODUCTS WHEN THEY ARE SHIPPED TO
YOU. TECHNICAL SUPPORT, IF ANY, FOR OTHER PRODUCTS IS PROVIDED BY
THE MANUFACTURER, NOT BY PROMEDIA.
6. Limitation of Liability. PROMEDIA'S AND ITS AFFILIATES' MAXIMUM
LIABILITY TO YOU SHALL BE LIMITED TO THE PURCHASE PRICE YOU PAID
FOR THE PRODUCTS. PROMEDIA AND ITS AFFILIATES WILL NOT BE LIABLE
FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION
OF BUSINESS, LOST PROFITS, OR OTHER CONSEQUENTIAL, INCIDENTAL, PUNITIVE
OR SPECIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE,
OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION
OR RESTRICTION UNDER APPLICABLE LAW.
7. Return Policy. You may return unused/unopened products in resalable condition for any reason under the following terms, and PROMEDIA or the MANUFACTURER will replace the merchandise or refund the original purchase price, LESS a return
processing fee, whichever you choose. PROMEDIA NOR THE MANUFACTURER WILL
REFUND THE ORIGINAL SHIPPING CHARGE AND YOU MUST PAY SHIPPING FOR RETURNED
ITEMS. To obtain a credit for a returned item, you must obtain a return
authorization number and return the item, accompanied by the return
authorization number, to the facility designated by PROMEDIA or the
MANUFACTURER within thirty (30) days of PROMEDIA's shipment of the item to you.
A return-processing fee of 15% or $15 (whichever is greater) will
be subtracted from your refund. Certain items, if opened, are not
covered by this return policy. Items not covered include opened
software from any manufacturer and opened products of certain manufacturers
(at present Digital, Hayes, IBM, Infocus, Intel and Seagate) subject
to the manufacturers return and warranty coverage. THIS RETURN POLICY
IS NOT A WARRANTY.
7a. Defective Merchandise. Products found to be defective by PROMEDIA OR THE MANUFACTURER will
be replaced, no questions asked.
RETURN FACILITY:
Promedia Marketing, Inc
RMA # (you must obtain this number from customer support)
7201 Haven Ave., Suite 'E394'
Alta Loma, CA. 91701
NOTE: An RMA number must accompany ALL returned shipments
or it will not be accepted by our return facility.
8. Title. Title to hardware products and to the media in which software
products are embodied passes to you upon shipment by PROMEDIA. Title
to software remains with the licensor of the software.
9. Interpretation. This
Agreement shall be interpreted under and governed by the laws of
the State of Nevada, without giving effect to conflicts of law rules.
Headings used in this Agreement are for convenience of reference
only and do not affect its meaning or interpretation.
10. Dispute Resolution. You agree that any Dispute between You and
PROMEDIA will be resolved exclusively and finally by arbitration
administered by the National Arbitration Forum (NAF) and conducted
under its rules, except as otherwise provided below. The arbitration
will be conducted before a single arbitrator, and will be limited
solely to the Dispute between You and PROMEDIA. The arbitration
shall be held at any reasonable location near your residence by
submission of documents, by telephone, online or in person. Any
decision rendered in such arbitration proceedings will be final
and binding on each of the parties, and judgment may be entered
thereon in any court of competent jurisdiction. Should either party
bring a Dispute in a forum other than NAF, the arbitrator may award
the other party its reasonable costs and expenses, including attorneys'
fees, incurred in staying or dismissing such other proceedings or
in otherwise enforcing compliance with this dispute resolution provision.
You understand that You would have had a right to litigate disputes
through a court, and that You have expressly and knowingly waived
that right and agreed to resolve any Disputes through binding arbitration.
This arbitration agreement is made pursuant to a transaction involving
interstate commerce, and shall be governed by the Federal Arbitration
Act, 9 U.S.C. Section 1, et seq. For the purposes of this section,
the term "Dispute" means any dispute, controversy, or claim arising
out of or relating to (i)this Agreement, its interpretation, or
the breach, termination, applicability or validity thereof, or (ii)the
purchase or use of any product, accessory, service or otherwise
from PROMEDIA; the term "PROMEDIA" means Promedia Marketing, Inc,
its subsidiaries, affiliates, directors, officers, employees, beneficiaries,
agents or assigns; the term "You" means you the original purchaser,
your agents, beneficiaries, or heirs. Information may be obtained
from the NAF on line at www.arb-forum.com, by calling 800-474-2371
or writing to P.O. Box 50191, Minneapolis, MN, 55405.
11. No Modification. This Agreement may not be modified, altered
or amended without the written agreement of Promedia Marketing.
Any additional or altered terms attached or adhering to an order
shall be null and void and without effect, unless agreed to in writing
by Promedia Marketing, Inc.
12. Severability. The terms stated herein are declared to be severable.
If any provision of this Agreement is held to be illegal, invalid
or unenforceable, in whole or in part, the legality, validity and
enforceability of the remaining provisions shall not be affected
or impaired.
13. General. You may not assign this agreement without Promedia's
prior written consent. Promedia Marketing, Inc. and its affiliates
are intended beneficiaries of this agreement. If there is any inconsistency
between this agreement and other agreement included with or relating
to products purchased from Promedia, this agreement shall take precedence.
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